The EFF often comes into conflict with conservative views about privacy and security. For example, in American Civil Liberties Union v. Ashcroft the EFF filed an amicus brief which argued against the FBI examining the records of ISP customers. The EFF was also involved in fighting against anti-pornography provisions in the Communications Decency Act.

The EFF has been active in preventing Congress from broadening the President's use of wiretaps, and is suing companies such as AT&T that have cooperated with such wiretap investigations.[4]